TO: Board of Supervisors
FROM: Tracy Cleveland - Agricultural Commissioner/ Sealer of Weights & Measures
REPORT BY: Jaspreet Faller - Staff Services Analyst
SUBJECT: Weights & Measures Fees Ordinance
RECOMMENDATION
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Introduction and intent to adopt an Ordinance amending Chapter 5.52 of the Napa County Code regarding weighing or measuring device registration. (Fiscal Impact: $20,000; Revenue; Budgeted; Mandatory)
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BACKGROUND
Section 13350 of the California Business Professions Code, relating to weights and measures, provides that the County Board of Supervisors, by ordinance, may charge a point-of-sale system inspection fee or an annual registration fee, not to exceed the county's total cost of inspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. For this reason, the fee increase must be adopted by ordinance rather than resolution.
The fee study finalized in November 2024, triggered an increase in hourly staff rates, which increased the annual registration fees for businesses using point-of-sales systems.
Staff also recommend amending Section 5.52.060 Testing and re-inspection fees, to make non-substantive formatting edits and to simplify language pertaining to the fee for re-inspections.
Public Notice
Notice of the public meeting was published in the Napa Valley Register on May 1, 2025.
Attachments
The attached exhibits detail the fees in two formats tracked (comparison) and clean (final). On the tracked version, adoption of amended language are noted by underline. Rescinded fees are noted by strike-through.
PROCEDURAL REQUIREMENTS
1. Open Public Hearing.
2. Staff Reports.
3. Public Comments.
4. Close Public Hearing.
5. Motion, second, discussion and vote on intention to adopt the ordinance.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
Agricultural Commissioner - will amend six-month budget to include the increased fees in FY25-26 as we bill device registration annually. |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Revenue is expected to increase by approximately $20,000 annually once the fees are implemented. |
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Consequences if not approved: |
If this item is not approved, fees will not be increased. The current fees will continue to be charged. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines). CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of fees that the agency finds are for the purpose of recovering or partially recovering operating expenses [14 CCR15273 and 15378(b)(2)]. It can also be seen with certainty that there is no possibility the proposed ordinance may have a slight effect on the environment and therefore CEQA is not applicable [14 CCR 15061(b)(3)].